Affiliate Agreement

Last Updated on November 10, 2020

As a HireMyVA.com Affiliate, You have the opportunity to earn money from commissions for HireMyVA.com accounts that You sell to other users. This Agreement sets forth Your rights and obligations as a HireMyVA.com Affiliate. By clicking “I Agree” You indicate that You have read and understood this Agreement and You will be bound by its terms.

1. PARTIES. All references to “HireMyVA.com” herein mean and refer to doing business as HireMyVA.com, and HireMyVA.com’s owner(s), parent company(ies), affiliate entities, and employees, and assigns. All references to “You” and “Your” mean and refer to that HireMyVA.com Affiliate who has executed this Agreement by clicking “I Agree.” HireMyVA.com and You are each referred to herein as a “Party,” and collectively as the “Parties.”

2. INDEPENDENT CONTRACTOR. You are an independent contractor and not an employee of HireMyVA.com, and therefore no workman’s compensation would thus be due in any circumstance. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between HireMyVA.com and You by virtue of this Affiliate Agreement.

3. TERM AND TERMINATION. Your contract with HireMyVA.com begins when You click “I Agree,” and will continue month-to-month until either:
A. HireMyVA.com cancels Your account due to Your breach of any of the terms of this Agreement. In the event this Agreement is canceled due to Your breach, You forfeit all Commissions and Bonuses owed to You or that may in the future be owed to You.

or

B. HireMyVA.com or its successors or assigns, in its sole and absolute discretion, cancels Your Affiliate Agreement. In the event that HireMyVA.com or its successors or assigns cancels Your Affiliate Agreements, You will first receive thirty (30) days’ written notice, sent to the e-mail address you provided HireMyVA.com and that is associated with your Affiliate profile.

4. COMPENSATION.

A. COMMISSIONS. After You click “I Agree” to the terms of this Agreement, You will receive one or more unique Affiliate URLs, which You will use to advertise HireMyVA.com. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect purchases a product using your link, or converts their Free Trial HireMyVA.com account to a Paid Account by using Your Affiliate Link, the Cookie on the Prospect’s browser, corresponding to Your unique URL, registers a “Sale,” and each such account is a “Sold Account”, or “Conversion.” In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. You will be paid a commission for each Sold Account that generates a payment to HireMyVA.com in a month. The Commission amount is normally 30% of all fees received by HireMyVA.com for a Sold Account, but your own account may vary. Commission payments will be made to You on or before forty-five (45) days following HireMyVA.com’ receipt of payment for a Sold Account, subject to the other terms set forth herein.

B. TAXES. Before You can be paid any Commission or Bonuses of over $500 in any calendar year, You must provide HireMyVA.com a completed W-8 or W-9, as instructed by HireMyVA.com. You will be deemed to have permanently waived all rights to Commissions or Bonuses that were earned more than 120 days before submitting a completed W-8 or W-9 to HireMyVA.com. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses You receive from HireMyVA.com. If You are not a resident of the United States, HireMyVA.com may withhold tax (including without limitation VAT) where required to by applicable law. Where HireMyVA.com is required to withhold tax, HireMyVA.com will document such withholding.

C. COMMISSION AND BONUSES PAID FOLLOWING LEGITIMATE SALE. Commissions and Bonuses are paid only for transactions that actually occur between HireMyVA.com and a Sale or a Legacy Sale. If the transaction does not actually occur, or if payment from a Sale or Legacy Sale is not actually received by HireMyVA.com, You will not be paid a Commission or Bonus on the transaction. If payment for a Sold Account or a Legacy Account later results in a refund or chargeback, and if a commission or bonus was paid to You for that Sold Account or Legacy Account payment, then the commission or bonus will be deducted from Your future commissions. If HireMyVA.com determines, in its reasonable discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale or Legacy Sale. If any Commissions or Bonuses are paid for a Sale or Legacy Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by HireMyVA.com after payment, such payment amounts shall be deducted from Your future commissions and bonuses.

D. U.S. DOLLARS. All commissions are paid in US Dollars via PayPal or check.

5. MARKETING AND RECRUITING.

A. TRUTHFUL. Anything you communicate in marketing or advertising any HireMyVA.com service or opportunity must be true and accurate. Claims that relate to any HireMyVA.com service or opportunity that are untrue or fraudulent are strictly prohibited. You may not claim that any government, person, or entity endorses or supports HireMyVA.com. You may not use the intellectual property of any other person or entity in advertising any HireMyVA.com service or opportunity.

B. DISCLAIMER. On any website that You advertise any HireMyVA.com service or opportunity, You must plainly display (i.e., not in a link, or in small font) the following disclaimer language:
Disclosure: I am an independent HireMyVA.com Affiliate, not an employee. I receive referral payments from HireMyVA.com. The opinions expressed here are my own and are not official statements of HireMyVA.com or its parent company.

C. NON-DISPARAGEMENT. You are not permitted to disparage the products or services of any other person or entity, including without limitation the products or services of a competitor of HireMyVA.com.

D. INVENTORY LOADING/REBATES. You will not be paid any Commission or Bonus for payments made on your own User Account(s). You are not permitted to open a HireMyVA.com account under the name of another person or entity, or under a fictitious name. You are not permitted to open a HireMyVA.com account under any name merely for the purpose of obtaining Commissions, Bonuses, or any other compensation, including without limitation incentives or prizes that may be offered from time to time. You may not pay for another person’s account. You are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales or Legacy Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to repay HireMyVA.com all Commissions and Bonuses earned as a result of any such violation.

E. INCOME CLAIMS. If Your recruiting efforts include claims related to the potential income a HireMyVA.com Affiliate can make, or if You make reference to income You have made, or if You make reference to any lifestyle opportunities You have because of HireMyVA.com, the following guidelines must be adhered to:
1. Your statements must be completely true and accurate and supported by evidence;
2. If You use a hypothetical scenario, You must clearly label it as a hypothetical scenario; and
3. Your statements must be accompanied by the HireMyVA.com income disclosure statement.

6. HireMyVA.com INTELLECTUAL PROPERTY.

No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “HireMyVA.com Intellectual Property”) owned by HireMyVA.com may be used, copied, or reproduced by You except as set forth below. No HireMyVA.com Intellectual Property (or any mark confusingly similar to any HireMyVA.com Intellectual Property) is to be advertised for sale or registered as a domain name by You in any fashion.

You may use the HireMyVA.com logo to advertise HireMyVA.com. Any time You use the HireMyVA.com logo, You must do so in a way that is not likely to confuse readers or cause them to think that You are speaking for HireMyVA.com. Whether Your use of the HireMyVA.com logo is confusing will be determined by HireMyVA.com in HireMyVA.com’s sole and absolute discretion. The following guidelines, which may be changed or added to at any time, are designed to help avoid reader confusion:

- You must not use the “voice” of, or purport to speak on behalf of, HireMyVA.com.
- When used in prose, HireMyVA.com must be used in the same font as the rest of the prose.
- When used other than in prose, HireMyVA.com must be used in the font employed by HireMyVA.com’s corporate marketing in HireMyVA.com’ corporate logo.
- On any website or social media platform on which You use the word HireMyVA.com, you must include the disclosure identified in paragraph 5(D) above.
- You may use only such other images, photographs, and trademarks as HireMyVA.com expressly authorizes in writing.
- If you have any questions regarding your use of any HireMyVA.com mark, please contact: [email protected]

7. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS.

You grant HireMyVA.com permission to use any and all photographs taken by HireMyVA.com or its agents or employees, or submitted by You to HireMyVA.com (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of HireMyVA.com or any product or service sold and marketed by HireMyVA.com. You agree that this authorization to use Photographs may be assigned by HireMyVA.com to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text, and graphics, and that the Photographs may be manipulated, cropped, altered, or modified in HireMyVA.com’ sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against HireMyVA.com in exchange for this Release and Assignment. You hereby release and forever discharge HireMyVA.com from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.

8. PROHIBITED ACTIVITY

HireMyVA.com has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:

A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to HireMyVA.com’s reputation; and the violation of the rights of HireMyVA.com or any third party.

B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to HireMyVA.com’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.

9. INDEMNITY.

You agree to protect, defend, indemnify and hold harmless HireMyVA.com, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of the Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against HireMyVA.com for liability for payments for, damages caused by, or other liability relating to, You.